Los Angeles & the Bay Area Domestic Violence Lawyer
Domestic violence can have a profound impact on individuals and families. Wedeking Family Law is dedicated to providing compassionate, skilled, and comprehensive legal services to those facing a domestic violence issue in Los Angeles and the Bay Area.
We understand that in some cases, false accusations of domestic violence are made. This sometimes happens when a party seeks to gain leverage with respect to other pending matters in a divorce case, such as child custody, spousal support, property division, or attorney’s fees. We provide legal services to both victims of domestic violence as well as those facing false allegations.
If you have been affected by domestic violence, we are here to guide you through the legal system and help you secure the protection and peace of mind you deserve. Call Wedeking Family Law today at (310) 916-5171 to learn more in a free consultation.
Types of Domestic Violence
In California, the definition of domestic violence is very broad. Domestic violence can take many forms and includes non-physical abuse. In addition to physical abuse like striking, punching, kicking, etc., the court may consider many other kinds of non-physical behaviors to be abuse, including:
- Verbal harassment (in person or by telephone)
- Sending the other party harassing text messages, emails, or social media messages
- Taking, concealing, or harming a pet animal
- Impersonating someone
- Engaging in any behavior that “disturbs the peace” of the other party
- Engaging in acts which “coercively control” the other party (See Fam. Code, § 6320.)
The categories of behavior which may be considered to “disturb the peace” of the other party are extremely broad. Even acts which, in isolation, may appear harmless can be considered abuse when considered as part of a broader pattern of abusive behavior. (See, e.g., McCord v. Smith (2020) 51 Cal.App.5th 358, 366.)
How Does Domestic Violence Affect Family Law Matters in California?
Allegations of domestic violence or child abuse can affect various family law matters in California, including divorce, child custody arrangements, and spousal support. If one parent has been accused of domestic violence or abuse, family law judges must follow specific legal requirements to address the allegations and prioritize the safety and well-being of the child and family.
Divorce
A finding of domestic violence in a divorce case can have major consequences. A finding of abuse can significantly influence the court’s decisions regarding child custody, child support, spousal support, and even the allocation of need-based attorney’s fees. It can also result in a the accused party losing possession of their residence, pets, firearms, and other personal property.
Child Custody
In California, family courts generally make custody decisions based on the “the best interests of the child” standard that generally favors both parents having “frequent and continuing contact” with their children. (See Fam. Code, §§ 3011; 3020.) However, a finding of domestic violence creates a presumption that it is not in the best interest of the child for the abusive parent to have “sole or joint” custody of the child. (See Fam. Code, § 3044.) To overcome the presumption, the parent found to have committed abuse may have to:
- Demonstrate to the court that granting them joint or sole custody aligns with the child’s best interests.
- Complete a batterer intervention program
- Successfully finish substance abuse counseling (if applicable)
- Comply with the terms of probation or parole (if applicable)
- Follow any restraining orders
- Not commit any further acts of abuse (See Fam. Code, § 3044.)
Spousal Support
Domestic violence can significantly affect how the court sets spousal support in a dissolution proceeding. In some cases, they may award the victim higher spousal support payments to account for the impacts of the abuse, such as difficulty finding consistent work due to psychological trauma. (See Fam. Code, § 4320, subd. (i).)
In cases where a party is criminally convicted of domestic violence, there is a rebuttable presumption that the convicted party should be prohibited from receiving receiving spousal support. (See Fam. Code, § 4325.)
Property Division
A criminal conviction for domestic violence can affect the division of community assets. If a spouse is convicted of domestic violence, the court may order the injured spouse up to 100% of the value of her retirement accounts to account for emotional trauma. (See Fam. Code, § 4325.)
Attorney’s Fees
A finding of abuse can affect the allocation of attorney’s fees. A party may request that the court award attorney’s fees to the prevailing party in a request for domestic violence restraining order. (See Fam. Code, § 6344.)
Learn More From a Los Angeles and Bay Area Domestic Violence Lawyer
If you are a victim of domestic violence, our compassionate Los Angeles and Bay Area domestic violence lawyers are ready to assist you with protective orders, custody arrangements, alimony concerns, and divorce proceedings with sensitivity and empathy.
If you have been falsely accused of domestic violence, we are prepared to represent you in the family court system and help you fight to prove your innocence, maintain your parental rights, and handle any other family law matters.
Take the first step towards resolution by contacting Wedeking Family Law to discuss your case in a free consultation: call us today at (310) 916-5171.
